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Mega-Trends in the World of Insurance: Impacts on Captive & Alternative Risk Transfer Markets. 17 th Annual World Captive Forum Scottsdale, AZ November 6, 2007. Robert P. Hartwig, Ph.D., CPCU, Executive Vice President & Chief Economist

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mega trends in the world of insurance impacts on captive alternative risk transfer markets

Mega-Trends in the Worldof Insurance:Impacts on Captive & Alternative Risk Transfer Markets

17th Annual World Captive Forum

Scottsdale, AZ

November 6, 2007

Robert P. Hartwig, Ph.D., CPCU, Executive Vice President & Chief Economist

Insurance Information Institute 110 William Street New York, NY 10038

Tel: (212) 346-5520 Fax: (212) 732-1916 

presentation outline
Presentation Outline
  • Captive & ART Overview
  • Pricing Under Pressure
    • Traditional Insurers Starved for Growth
  • Capacity: New Record Highs
  • Profitability: Flush Times Breed Competition
  • Underwriting: Strong Results—Discipline is Tested?
  • Investment Income: Flat GainsMore Discipline?
  • Key Lines: Back from the Brink—But Heading South?
  • Catastrophic Loss: Welcome Respite
  • Financial Strength & Ratings
  • State-Run Markets: A Traditional & ART Competitor?
  • Terrorism: No ART Solution Here
  • Torts: Legal Environment Getting Better
  • Q & A
total commercial risk protection market us 2004
Total Commercial Risk Protection Market (US, 2004)

$ Billions

Alternative market mechanisms cover about 30 percent ($98 billion) of the total commercial risk protection market ($326.9 billion)

Source: Conning; MarketStance analysis; Insurance Information Institute.

size of alternative risk transfer market 2001 direct written premiums
Size of Alternative Risk Transfer Market (2001 Direct Written Premiums)

$ Billions

Captives accounted for about 8.3% of global commercial insurance premiums in 2001, likely at least 10% today

Source: Swiss Re; Insurance Information Institute.

alternative risk transfer market by line
Alternative Risk Transfer Marketby Line

$ Billions

Workers Comp account for the largest share of the alternative market

Source: MarketStance.

alternative market share by industry group all lines
Alternative Market Share by Industry Group, All Lines

The Mining industry makes the greatest use of alternative markets, agriculture the least

Source: MarketStance

workers compensation large deductible market share
Workers Compensation: Large Deductible Market Share

Employers have become very accustomed to accepting a greater share of risk and claim frequency has decreased

Sources: National Council on Compensation Insurance; Insurance Information Institute.

alternative market by revenue size
Alternative Market byRevenue Size

Large companies are far more likely to retain risk via alternative vehicles than are small companies

Sources: MarketStance

alternative market by state concentration



























Alternative Market By State Concentration


























Above Average

Below Average



Source: MarketStance; Conning 2006

u s domiciled captives top lines
U.S. Domiciled Captives – Top Lines

Medical malpractice remains the dominant product line for U.S. domiciled captives in 2006, followed by various auto coverages, commercial M-P and workers comp.

Source: A.M. Best, 2007 Special Report: U.S. Captive Insurers – 2006 Market Review

u s risk retention groups distribution by line
U.S. Risk Retention Groups: Distribution by Line

Medical Malpractice (claims made) remained a significant portion of RRG business in 2006 at 43%, while other liability (per occurrence) remained virtually unchanged at 29%.

Figures do not total 100% due to rounding.

Source: A.M. Best, 2007 Special Report: U.S. Risk Retention Groups – 2006 Market Review

u s domiciled captives net premiums written millions
U.S. Domiciled Captives- Net Premiums Written ($ Millions)

Following a five-year period of rapid growth, U.S. captive insurers saw net premiums written increase by just 2.7 percent in 2006, after 6.2 percent growth in 2005.

Source: A.M. Best, 2007 Special Report: U.S. Captive Insurers – 2006 Market Review

risk retention group premiums 1988 2006
Risk Retention Group Premiums,1988 – 2006*

Millions of Dollars

Risk retention (& self-insurance) group premiums have risen rapidly in recent years and represent a form of competition to traditional insurers and captives

*2006 Projected

Source: Risk Retention Reporter, Insurance Info. Institute

u s risk retention groups domicile distribution 2006
U.S. Risk Retention Groups:Domicile Distribution 2006

The majority of RRGs are domiciled in Vermont, with 12. Hawaii has 3 RRGs while South Carolina has 2 RRGs. The remaining groups are distributed equally among various domiciles.

Source: A.M. Best, 2007 Special Report: U.S. Risk Retention Groups – 2006 Market Review

food drink and tobacco company captives by domicile
Food, Drink and Tobacco Company Captives by Domicile

Captive solutions can be extremely helpful to food, drink and tobacco (FDT) companies. Captives with parent companies in the FDT sector exist in only 10 domiciles. Nearly half (46.6%) were spread between Bermuda and Vermont.

Source: Captive Review, October 2007

leading captive domiciles worldwide 2005 vs 2006
Leading Captive Domiciles Worldwide, 2005 vs. 2006

Mixed growth rates in captive domiciles worldwide in 2006 as competition intensifies in traditional market.

*BI estimate. **Excludes credit life insurers.

Sources: Business Insurance, March 12, 2007, III

leading us captive domiciles 2005 vs 2006
Leading US Captive Domiciles, 2005 vs. 2006

U.S. captive domiciles experienced dramatic growth in 2006.

Sources: Business Insurance, March 12, 2007; III

fastest growing us captive domiciles 2006 over 2005
Fastest Growing US Captive Domiciles, 2006 over 2005

Newer U.S. captive domiciles led the way in growth rates in 2006, but from small bases in 2005 (e.g., UT increased from 15 domiciles in 2005 to 30 in 2006)

Sources: Business Insurance, March 12, 2007; III

g1500 companies and captives room for growth
G1500 Companies and Captives: Room for Growth

The captive market remains underdeveloped, with over half (53%) of the world’s top G1500 companies not currently owning a captive.

Markets such as Asia have considerable potential for growth. For example, only 14% of Japanese G1500 companies have a captive.

Source: Aon, Global 1500: A Captive Insight 2007

captive formations liquidations 1993 2002
Captive Formations & Liquidations, 1993–2002

Why Do Captives Liquidate?

  • Collapse of parent (cyclical)
  • Collapse of parent (e.g., Enron)
  • Consolidation
  • Escalating loss costs/claim severity (e.g., med mal)

Captive formation and liquidation are highly correlated

Source: A.M. Best; Insurance Information Institute

top 5 captive managers by premium volume 2006 mill
Top 5 Captive Managers by Premium Volume, 2006 ($Mill)

Sources: Business Insurance, March 12, 2007; III

top 10 largest captive managers worldwide by captives managed 2006
Top 10 Largest Captive Managers Worldwide, by Captives Managed 2006

The number of captives managed by the top firms increased in 2006, though not in all domiciles

Sources: Business Insurance, March 12, 2007; III

top bermuda captive managers by premium volume 2006
Top Bermuda Captive Managers,by Premium Volume, 2006

Premium volume grew for some managers, but shrank for others

Sources: Business Insurance, March 12, 2007; III

annual catastrophe bond transactions volume 1997 2007
Annual Catastrophe Bond Transactions Volume, 1997-2007*

Catastrophe bond issuance has soared in the wake of Hurricanes Katrina and the hurricane seasons of 2004/2005

Source: MMC Securities and Guy Carpenter; Insurance Information Institute. *Through 10/31/07

strength of recent hard markets by nwp growth
Strength of Recent Hard Markets by NWP Growth*




2006-2010 (post-Katrina) period could resemble 1993-97 (post-Andrew)

2005: biggest real drop in premium since early 1980s

Note: Shaded areas denote hard market periods.

Source: A.M. Best, Insurance Information Institute

*2007-10 figures are III forecasts/estimates.

growth in net written premium 2000 2008f
Growth in Net Written Premium, 2000-2008F

P/C insurers will experience their slowest growth rates since the late 1990s…but underwriting results are expected to remain healthy

*2007 figure base on 2007 actual first half result of 0.1%.

Source: A.M. Best; Forecasts from the Insurance Information Institute.

most layers of coverage are being challenged leaking
Most Layers of Coverage are Being Challenged/Leaking

Reinsurers losing to higher retentions, securitization


$100 Million

Excess squeezed by higher primary retentions, lower reins. attachments


$50 Million


Lg. deductibles, self insurance, RRGs, captives erode primary

$10 Million


$2 Million


$1 Million

Risks are comfortable taking larger retentions

Source: Insurance Information Institute from Aon schematic.

average commercial rate change all lines 1q 2004 3q 2007
Average Commercial Rate Change,All Lines, (1Q:2004 – 3Q:2007)

Magnitude of rate decreases diminished greatly after Katrina but have grown again

KRW Effect

Source: Council of Insurance Agents & Brokers; Insurance Information Institute

cumulative commercial rate change by line 4q99 3q07
Cumulative Commercial Rate Change by Line: 4Q99 – 3Q07

Commercial account pricing has been trending down for 3 years and is now on par with prices in late 2001, early 2002

Source: Council of Insurance Agents & Brokers

d o premium index 1974 average 100
D&O Premium Index(1974 Average = 100)

Average D&O pricing is off 18% since 2003, after rising 146% from 1999-2003

Source: Tillinghast Towers-Perrin, 2006 Directors and Officers Liability Survey.

u s policyholder surplus 1975 2007
U.S. Policyholder Surplus: 1975-2007*

Capacity as of 6/30/07 was $512.8B, 5.3% above year-end 2006, 80% above its 2002 trough and 54% above its 1999 peak.

Capacity exceeded a half trillion dollars for the first time during the 2nd quarter of 2007

$ Billions

Foreign reinsurance and residual market mechanisms absorbed 45% of 2005 CAT losses of $62.1B

“Surplus” is a measure of underwriting capacity. It is analogous to “Owners Equity” or “Net Worth” in non-insurance organizations

Source: A.M. Best, ISO, Insurance Information Institute. *As of June 30, 2007

capital raising by class within 15 months of krw
Capital Raising by Class Within 15 Months of KRW

$ Billions

Insurers & Reinsurers raised $33.7 billion in the wake of Katrina, Rita, Wilma

Source: Lane Financial Trade Notes, January 31, 2007.

annual catastrophe bond transactions volume 1997 20071
Annual Catastrophe Bond Transactions Volume, 1997-2007*

Catastrophe bond issuance has soared in the wake of Hurricanes Katrina and the hurricane seasons of 2004/2005

Source: MMC Securities and Guy Carpenter; Insurance Information Institute. *Through 10/31/07

change in us policyholder surplus 1976 2007f
Change in US PolicyholderSurplus, 1976-2007F*

US insurers have recorded large increases in net capacity since 2003 despite record CAT losses. Net income (less dividends) is the largest source of net new capacity.

$ Billions

*2007 forecast based on actual 07:H1 increase of $25.6B

Source: A.M. Best, ISO, Insurance Information Inst.

new capital paid in us p c insurers 2003 2006 bill
New Capital Paid-In: US P/C Insurers, 2003-2006 ($Bill)

New capital entering US markets was down significantly in 2006. Much more raised offshore.

Sources: A.M. Best, ISO, Insurance Information Inst.

p c insurer share repurchases 1987 first half 2007 millions
P/C Insurer Share Repurchases,1987- First Half 2007 ($ Millions)*

Reasons Behind Capital Build-Up & Repurchase Surge

  • Strong underwriting results
  • Moderate catastrophe losses
  • Reasonable investment performance
  • Lack of strategic alternatives (M&A, large-scale expansion)

Returning capital owners (shareholders) is one of the few options available

First half 2007 share buybacks are already 86% of the 2006 record

Sources: Credit Suisse, Company Reports; Insurance Information Inst.

p c insurance related m a activity 1988 2006
P/C Insurance-Related M&A Activity, 1988-2006

2006 surge due mostly to 2 deals. No trend started.

Liberty Mutual acquired Ohio Casualty for $2.7B*

No model for successful consolidation has emerged

*Announced May 7, 2007.

Source: Conning Research & Consulting.

p c net income after taxes 1991 2007f millions
P/C Net Income After Taxes1991-2007F ($ Millions)*
  • 2001 ROE = -1.2%
  • 2002 ROE = 2.2%
  • 2003 ROE = 8.9%
  • 2004 ROE = 9.4%
  • 2005 ROE= 9.4%
  • 2006 ROAS1 = 14.0%
  • 2007F ROAS = 13.1%**

Insurer profits peaked in 2006/7. “Normal” CAT year, average investment gain imply flattening

*ROE figures are GAAP; 1Return on avg. surplus. 2007F figure is annualized actual first half net income of $32.596B **Actual first half 2007 result.

Sources: A.M. Best, ISO, Insurance Information Inst.

roe p c vs all industries 1987 2008e
ROE: P/C vs. All Industries 1987–2008E

P/C profitability is cyclical, volatile and vulnerable

Sept. 11


Katrina, Rita, Wilma

Lowest CAT losses in 15 years



4 Hurricanes

*2007 is actual first half ROAS of 13.1%. 2008 P/C insurer ROE is I.I.I. estimate.

Source: Insurance Information Institute; Fortune

return on equity fortune stock mutual vs all companies
RETURN ON EQUITY (Fortune):Stock & Mutual vs. All Companies*

Mutual insurer ROEs are typically lower than for stock companies, but gap has narrowed. All are cyclical.

*Fortune 1,000 group.

Source: Fortune Magazine, Insurance Information Institute.

profitability peaks troughs in the p c insurance industry 1975 2008f
Profitability Peaks & Troughs in the P/C Insurance Industry, 1975 – 2008F




10 Years


9 Years

10 Years

1975: 2.4%

1984: 1.8%

1992: 4.5%

2001: -1.2%

*2007 is actual first half ROAS of 13.1%. 2008 P/C insurer ROE is I.I.I. estimate.

Source: Insurance Information Institute; Fortune

roe vs equity cost of capital us p c insurance 1991 2007e
ROE vs. Equity Cost of Capital:US P/C Insurance:1991-2007E

The p/c insurance industry achieved its cost of capital in 2005/6 for the first time in many years

+3.5 pts

+3.1 pts

-9.0 pts

-0.1 pts

+0.2 pts

-13.2 pts

US P/C insurers missed their cost of capital by an average 6.7 points from 1991 to 2002, but on target or better 2003-07

The cost of capital is the rate of return insurers need to attract and retain capital to the business

Source: The Geneva Association, Ins. Information Inst.

l h insurance industry net income bill 1997 2006
L/H Insurance IndustryNet Income ($ Bill), 1997-2006

Source: NAIC data, from Highline National Underwriter.

return on equity l h insurance vs fortune 500 1995 2005
Return on Equity: L/H Insurancevs. Fortune 500, 1995-2005

Source: NAIC, from Highline National Underwriter.

insurance reinsurance stocks strong finish in 2006
Insurance & Reinsurance Stocks:Strong Finish in 2006

Total Returns for 2006

P/C insurer & reinsurer stocks rallied in late 2006 as hurricane fears dissipated and insurers turned in strong results

Broker stocks held back by weak earnings

Source: SNL Securities, Standard & Poor’s, Insurance Information Institute

insurance reinsurance stocks finally gaining in 2007
Insurance & Reinsurance Stocks: Finally Gaining in 2007

Total YTD Returns Through November 2, 2007

Mortgage insurers are down 66%, Title insurers down 35% on subprime & real estate woes

P/C insurance, reinsurance stocks lagging on soft market concerns, and subprime selloff. Some relief due to very low hurricane losses

Source: SNL Securities, Standard & Poor’s, Insurance Information Inst. *Includes Financial Guarantee

p c insurance combined ratio 1970 2008f
P/C Insurance Combined Ratio, 1970-2008F*

Combined Ratios

1970s: 100.3

1980s: 109.2

1990s: 107.8

2000s: 102.2**

Sources: A.M. Best; ISO, III

*Actual figure of 92.7 through first half 2007. **Through 2007:H1.

p c insurance combined ratio 2001 2008f
P/C Insurance Combined Ratio, 2001-2008F

2007/8 deterioration due primarily to falling rates, but results still strong assuming normal CAT activity

As recently as 2001, insurers were paying out nearly $1.16 for every dollar they earned in premiums

2006 produced the best underwriting result since the 87.6 combined ratio in 1949

2005 figure benefited from heavy use of reinsurance which lowered net losses

Sources: A.M. Best; ISO, III. *III estimates for 2007/8.

ten lowest p c insurance combined ratios since 1920 2007 h1
Ten Lowest P/C Insurance Combined Ratios Since 1920 (& 2007:H1)

2007 is looking very strong

The industry’s best underwriting years are associated with periods of low interest rates

The 2006 combined ratio of 92.5 was the best since the 87.6 combined in 1949

Sources: Insurance Information Institute research from A.M. Best data. *2007 first half actual.

commercial lines combined ratio 1993 2006
Commercial Lines Combined Ratio, 1993-2006

Commercial coverages have exhibited extreme variability. Are current results anomalous?

Outside CAT-affected lines, commercial insurance is doing fairly well. Caution is required in underwriting long-tail commercial lines.

2006 results benefited from relatively disciplined underwriting, low CAT losses and reserve releases

Source: A.M. Best; Insurance Information Institute .

underwriting gain loss 1975 2007f
Underwriting Gain (Loss)1975-2007F*

Insurers earned a record underwriting profit of $31.7 billion in 2006, the largest ever but only the second since 1978. Expect figure near $28 billion in 2007 assuming “normal” CAT losses. Cumulative underwriting deficit since 1975 is $412 billion.

$ Billions

Source: A.M. Best, Insurance Information Institute *Actual 2007:H1 underwriting profit = $14.402B

annualized to $28.8B.

impact of reserve changes on combined ratio
Impact of Reserve Changes on Combined Ratio

Reserve adequacy has improved substantially

Source: A.M. Best, Lehman Brothers estimates for years 2007-2009

cumulative prior year reserve development by line as of 12 31 06
Cumulative Prior Year Reserve Development by Line (As of 12/31/06)


Reserve redundancies in most lines have resulted in releases in recent years


Sources: Lehman Brothers; A.M. Best’s Aggregates & Averages Schedule P, Part 2.

announced katrina rita wilma losses by segment
Announced Katrina, Rita, Wilma Losses by Segment

$ Billions

Catastrophes are global events. Only 39% of KRW losses were borne by US primary insurers

*As of 2/21/06

Source: Dowling & Partners, RAA.

share of losses paid by reinsurers by disaster
Share of Losses Paid by Reinsurers, by Disaster*

Reinsurance is playing an increasingly important role in the financing of mega-CATs; Reins. Costs are skyrocketing

*Excludes losses paid by the Florida Hurricane Catastrophe Fund, a FL-only windstorm reinsurer, which was established in 1994 after Hurricane Andrew. FHCF payments to insurers are estimated at $3.85 billion for 2004 and $4.5 billion for 2005.

Sources: Wharton Risk Center, Disaster Insurance Project; Insurance Information Institute.

ratio of reinsurer loss underwriting expense to premiums written 1985 2006
Ratio of Reinsurer Loss & Underwriting Expense to Premiums Written, 1985-2006

Despite the respite in 2006, reinsurers paid an average of $1.11 in loss and expense for every $1 in written premium since 1985

Sept. 11

Katrina, Rita, Wilma

Hurricane Andrew

Liability Crisis

Source: Reinsurance Association of America.

us reinsurer net income roe 1985 2006
US Reinsurer Net Income& ROE, 1985-2006

Reinsurer profitability has rebounded

Source: Reinsurance Association of America.

net investment income
Net Investment Income

Investment income posted modest gains in 2006, but is running flat in 2007

$ Billions

Growth History

2002: -1.3%

2003: +3.9%

2004: +3.4%

2005: +24.4%*

2006: +5.2%

2007: 0.0%**

Source: A.M. Best, ISO, Insurance Information Institute;

*Includes special dividend of $3.2B. Increase is 15.7% excluding dividend. **Based on annualized H1 result of $26.128B.

total returns for large company stocks 1970 2007
Total Returns for Large Company Stocks: 1970-2007*

S&P 500 was up 13.62% in 2006, Up 9.82% YTD 2007*

Markets are up in 2007 for the 5th consecutive year (so far)

Source: Ibbotson Associates, Insurance Information Institute. *Through November 2, 2007.

us p c net realized capital gains 1990 2007 h1 millions
US P/C Net Realized Capital Gains,1990-2007:H1 ($ Millions)

Realized capital gains rebounded strongly in 2004/5 but fell sharply in 2006 despite strong stock market as insurers “bank” their gains. Rising again in 2007.

Sources: A.M. Best, ISO, Insurance Information Institute. *As of June 30, 2007.

property casualty insurance industry investment gain 1
Property/Casualty Insurance Industry Investment Gain1

Investment gains fell in 2006 and even now are only marginally larger than in the late 1990s

1Investment gains consist primarily of interest, stock dividends and realized capital gains and losses.

2006 figure consists of $52.3B net investment income and $3.4B realized investment gain.

*2005 figure includes special one-time dividend of $3.2B. **Annualized H1 result of $30.301B.

Sources: ISO; Insurance Information Institute.

commercial auto liability pd combined ratios
Commercial Auto Liability& PD Combined Ratios

Average Combined: Liability = 108.8

PD = 97.5

Commercial Auto has improved dramatically

Sources: A.M. Best; III

commercial multi peril combined liability vs non liability portion
Commercial Multi-Peril Combined (Liability vs. Non-Liability Portion)

CMP- has improved recently

Liab. Combined 1995 to 2004 = 113.8

Non-Liab. Combined = 105.2

Sources: A.M. Best; III


Workers Comp Combined Ratios, 1994-2006P


p Preliminary AY figure.

Accident Year data is evaluated as of 12/31/2006 and developed to ultimate

Source: Calendar Years 1994-2005, A.M. Best Aggregates & Averages; Calendar Year 2006p and Accident Years 1994-2006pbased on NCCI Annual Statement Analysis.

Includes dividends to policyholders

medical malpractice combined ratios
Medical MalpracticeCombined Ratios

Average Med Mal Combined Ratio 1995-2006


Reforms/Award Caps and higher rates have helped to improve med mal dramatically

Sources: A.M. Best; III

other liability combined ratios
Other LiabilityCombined Ratios*

Average Combined Ratio 1995-2006


Improvements in tort and D&O environment have contributed to performance

Sources: A.M. Best; III *Includes Officers’ & Directors’ coverage.

u s insured catastrophe losses
U.S. Insured Catastrophe Losses*

$ Billions

$100 Billion CAT year is coming soon

2006 was a welcome respite. 2005 was by far the worst year ever for insured catastrophe losses in the US, but the worst has yet to come.

*Excludes $4B-$6b offshore energy losses from Hurricanes Katrina & Rita. **Through 9/30/07.

Note: 2001 figure includes $20.3B for 9/11 losses reported through 12/31/01. Includes only business and personal property claims, business interruption and auto claims. Non-prop/BI losses = $12.2B.

Source: Property Claims Service/ISO; Insurance Information Institute

total value of insured coastal exposure 2004 billions
Total Value of Insured Coastal Exposure (2004, $ Billions)

Florida & New York lead the way for insured coastal property at more than $1.9 trillion each.

Northeast state insured coastal exposure totals $3.73 trillion.

Source: AIR Worldwide

value of insured commercial coastal exposure 2004 billions
Value of Insured Commercial Coastal Exposure (2004, $ Billions)

58% or all insured coastal exposure is commercial, totaling some $4.2 trillion in 2004

Source: AIR

reasons for us p c insurer impairments 1969 2005
Reasons for US P/C Insurer Impairments, 1969-2005



Deficient reserves, CAT losses are more important factors in recent years

*Includes overstatement of assets.

Source: A.M. Best: P/C Impairments Hit Near-Term Lows Despite Surging Hurricane Activity, Special Report,Nov. 2005;

p c insurer impairment frequency vs combined ratio 1969 2006
P/C Insurer Impairment Frequency vs. Combined Ratio, 1969-2006

Impairment rates are highly correlated underwriting performance

2006 impairment rate was 0.43%, or 1-in-233 companies, half the 0.86% average since 1969

Source: A.M. Best; Insurance Information Institute

cumulative average impairment rates by best financial strength rating
Cumulative Average Impairment Rates by Best Financial Strength Rating*

Insurers with strong ratings are far less likely to become impaired over long periods of time. Especially important in long-tailed lines.

*US P/C and L/H companies, 1977-2002

Sources: A.M. Best: Best’s Impairment Rate and Rating Transition Study—1977-2002, March 1, 2004.

cost of u s tort system billions
Cost of U.S. Tort System($ Billions)

Tort costs consumed 2.09% of GDP in 2005, down from 2.24% in 2003

Per capita “tort tax” was $880 in 2005, up from $680 in 2000

Reducing tort costs relative to GDP by just 0.25% (to 1.84%) would produce an economic stimulus of $31.1B

Source: Tillinghast-Towers Perrin, 2006 Update on US Tort Cost Trends.

inflation adjusted tort costs per capita 1950 2005
Inflation Adjusted Tort CostsPer Capita, 1950-2005

Tort costs per capita have increased 817% since 1950 even after adjusting for inflation

Source: Tillinghast-Towers Perrin, 2006 Update on US Tort Cost Trends.

tort costs relative to gdp 1950 2005
Tort Costs Relative to GDP,1950-2005

Tort costs relative to GDP have increased more than 3 fold since 1950

Source: Tillinghast-Towers Perrin, 2006 Update on US Tort Cost Trends.

personal commercial self un insured tort costs
Personal, Commercial & Self (Un) Insured Tort Costs*

Total = $231.3 Billion

Total = $159.6 Billion


Total = $121.0 Billion

Total = $39.3 Billion

*Excludes medical malpractice

Source: Tillinghast-Towers Perrin, 2006 Update on US Tort Cost Trends.

tort system costs 2000 2008f
Tort System Costs,2000-2008F

After a period of rapid escalation, tort system costs as % of GDP are now falling

Source: Tillinghast-Towers Perrin, 2006 Update on US Tort Cost Trends;2006 is III estimate.

preventing limiting erosion of recent tort reform
Preventing/Limiting Erosionof Recent Tort Reform
  • Tort Pendulum Likely to Swing Against Insurers as Political Environment Changes (WA referendum, FL No-Fault?)
  • Insurers Must Remain Active Members of Tort Reform Coalitions at State and Federal Level
    • May have more success at the state level
  • Pursuing Good Cases Can Set Precedent & Bring About Quantum Shifts in Judicial Philosophy
    • Campbell v. State Farm (limited punitives)
    • Safeco v. Burr, Geico v. Edo (FCRA reporting violations)
    • Asbestos: Class actions limited; no pre-pack bankruptcies
    • Products Liability: Merck’s successful Vioxx defense
  • Educate Policyholders About Link Between Tort Environment and Cost/Availability of Insurance
    • Businesses understand; Need facts to support local efforts
    • Personal lines customers understand relationship, agents do
  • Tighten Contract Language
    • From 9/11 to Katrina, alleged “ambiguities” cost big bucks
proposed irs rule change domestic captive concerns
Proposed IRS Rule Change: Domestic Captive Concerns?
  • October 2007: IRS proposes rule change that would end deductible status of discounted loss reserves kept by captive insurers. Proposed regulation would:
    • Defer the tax deduction for an incurred loss arising from related party business until it is actually paid.
    • Essentially result in treating the transaction as non-insurance for tax purposes.
    • Affect domestic captives (including foreign captives which have elected to be treated as domestic for U.S. tax purposes) and all coverages.
    • Overrides the insurance tax treatment afforded to captive insurance transactions for decades by the courts and the IRS.

Source: Business Insurance article 10/18/07; Vermont Captive Insurance Association

federal legislative update
Federal Legislative Update
  • Federal Terrorism Reinsurance (TRIA)
  • TRIA expires 12/31/07.  The current federal program offers $100 billion of coverage subject to a $27.5B industry aggregate retention.
  • Under S. XXXX: “Terrorism Risk Insurance Program Reauthorization Act of 2007”
    • 7-Yr. Extension, expiring 12/31/14
    • Maintains 20% Direct Earned Premium Deductible for duration of Extension
    • NBCR risks remain excluded (in contrast to House bill)
    • Eliminates distinction between foreign and domestic acts of terrorism
    • Deletes requirement that terrorist act be on behalf of foreign person or foreign interest
    • Changes in definition of terrorist act require substantial rate and form filings in states
    • Federal government’s cap remains at $100 billion through 2014
    • Requires Comptroller General to issue report within 1 year on feasibility of NBCR insurance market; CG must also issue report within 180 days on obstacles in development of private sector market for terror insurance
  • Administration has said it will not oppose Senate bill (issued veto threat for House)

Sources: Insurance Information Institute

federal legislative update1
Federal Legislative Update
  • Natural Disaster Coverage
  • Some insurers are pushing for federal catastrophic risk fund coverage in the wake of billions of dollars of losses suffered by insurers from the 2004-2005 hurricane seasons.
  • Legislative relief addressing property/casualty insurers’ exposure to natural catastrophes, such as the creation of state and federal catastrophe funds, has been advocated by insurers include Allstate and State Farm recently.  However, there is active opposition many other insurers and all reinsurers.
  • There are supporters in Congress, mostly from CAT-prone states. Skeptics in Congress believe such a plan would be a burden on taxpayers like the NFIP and that the private sector can do a better job. Unlike TRIA, the industry is not unified on this issue.
  • Allowing insurers to establish tax free reserves for future catastrophe losses has also been proposed, but Congress has not yet indicated much support.

Sources: Lehman Brothers, Insurance Information Institute

federal legislative update2
Federal Legislative Update
  • Optional Federal Charter (OFC)
  • Large P&C and life insurers are the major supporters of OFC. Supporters argue that the current patchwork of 50 state regulators reduces competition, redundant, slows new product introductions and adds cost to the system.
  • In general, global P/C insurers , reinsurers and large brokers mostly support the concept, while regulators (state insurance commissioners), small single-state and regional insurers, and independent agency groups largely oppose the idea. An optional federal charter is more favorable for global P&C insurers, because an insurer that operates in multiple states could opt to be regulated under federal rules rather than multiple state regulations. As a result, this could increase innovation in the industry.
  • Currently appears to be more momentum for OFC for life than for P&C insurers based on the homogeneous nature of many life products.  The debate should intensify and although passage may not occur in the current session of Congress, it may lay the groundwork for passage in the 2009-2010 session.

Sources: Lehman Brothers, Insurance Information Institute

federal legislative update3
Federal Legislative Update
  • McCarran-Ferguson Insurance Antitrust Exemption
  • Under McCarran-Ferguson Act of 1945, insurers have limited immunity under federal anti-trust laws allowing insurers to pool past claims information to develop accurate (actuarially credible) rates.
  • Very low level of understanding of M-F in Washington
  • Certain legislators threaten to revoke McCarran-Ferguson because of alleged collusion in the wake of Hurricane Katrina.  However, the view among some Washington insiders is that such a move would hurt small insurers with less resources rather than the large insurers perhaps being targeted.  The current bills designed to revoke McCarran-Ferguson are S.618 and H.R. 1081.
  • The government appointed Antitrust Modernization Commission in an April 2007 report strongly encouraged Congress to re-examine the McCarran-Ferguson Act.  Notably, 4 of the commissions 12 members called for a full repeal of the law.

Sources: Lehman Brothers, Insurance Info. Institute

terrorism coverage take up rate continues to rise
Terrorism Coverage Take-Up Rate Continues to Rise

Terrorism take-up rate for non-WC risk rose steadily through 2003, 2004 and 2005


Source: Narketwatch: Terrorism Insurance 2006, Marsh, Inc.; Insurance Information Institute

insurance industry retention under tria billions
Insurance Industry Retention Under TRIA ($ Billions)


  • Individual company retentions rise to 17.5% in 2006, 20% in 2007
  • Above the retention, federal govt. pays 90% in 2006, 85% in 2007

Congress & Administration want TRIA dead

Source: Insurance Information Institute

insured loss estimates large cnbr terrorist attack bill
Insured Loss Estimates: Large CNBR Terrorist Attack ($ Bill)

Source: American Academy of Actuaries, Response to President’s Working Group, Appendix II, April 26, 2006.

  • Global commercial lines results were excellent in 2006 and 2007 with momentum for 2008
  • Soft pricing, limited growth opportunities, increasing capacity, falling reinsurance prices suggest traditional insurers will look to recapture some of what has been lost to ART—This may be more difficult than many assume
  • Will insurers lose discipline?
  • Major Challenges:
    • Slow Growth Environment Ahead
    • Maintaining price/underwriting discipline
    • How/where to deploy/redeploy capital
    • Managing variability/volatility of results
insurance information institute on line
Insurance Information Institute On-Line


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